BILL NUMBER: AB 683	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2015

INTRODUCED BY   Assembly Member Low

                        FEBRUARY 25, 2015

   An act to amend  Section 19271   Sections
2053, 9082.7, and 13300.7  of the Elections Code, relating to
 voting systems.   ballot materials. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 683, as amended, Low.  Direct recording electronic
voting systems.   Online ballot materials:
accessibility.  
   Under existing law, the Visually Impaired Voter Assistance Act of
1989, the Secretary of State is required to establish a Visually
Impaired Voter Assistance Board to, among other things, make
recommendations to the Secretary of State for improving the
availability and accessibility of ballot pamphlet audio recordings
and their delivery to visually impaired voters. Existing law also
requires the Secretary of State to make available the complete state
ballot pamphlet over the Internet, which is required to include
specified information. Existing law further authorizes county and
city elections officials to establish procedures designed to permit a
voter to opt out of receiving his or her sample ballot, voter
pamphlet, notice of polling place, and associated materials by mail,
and instead obtain them electronically via email or by accessing them
on the county's or city's Internet Web site, as specified. 

   This bill would require the Visually Impaired Voter Assistance
Board to make additional recommendations to the Secretary of State
for improving the accessibility of election materials made available
over the Internet, as specified. The bill would also require the
elections materials made available over the Internet to conform to
certain standards and guidelines, as specified.  
   Existing law prohibits the Secretary of State from approving, and
prohibits a city or county from contracting for or purchasing, a
direct recording electronic voting system, defined as a voting system
that records a vote electronically and does not require or permit
the voter to record his or her vote directly onto a tangible ballot.
Existing law defines the term "voter verified paper audit trail" as a
component of a direct recording electronic voting system that prints
a contemporaneous paper record copy of each electronic ballot and
allows each voter to confirm his or her selections before the voter
casts his or her ballot.  
   This bill would revise the definition of "voter verified paper
audit trail" to instead mean a component of a direct recording
electronic voting system that prints a synchronous paper record
facsimile of each electronic ballot and allows each voter to confirm
his or her selections before the voter casts his or her ballot.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 2053 of the  
Elections Code   is amended to read: 
   2053.  (a) The Secretary of State shall establish a Visually
Impaired Voter Assistance Advisory Board.  This 
 The  board shall consist of the Secretary of State  ,
 or his or her designee  ,  and the following
membership, appointed by the Secretary of State:
   (1) A representative from the State Advisory Council on Libraries.

   (2) One member from each of three private organizations. Two of
the organizations shall be representative of organizations for blind
persons in the state.
   (b) The board shall do all of the following:
   (1) Establish guidelines for reaching as many visually impaired
persons as practical.
   (2) Make recommendations to the Secretary of State for improving
the availability and accessibility of ballot pamphlet audio
recordings and their delivery to visually impaired voters. The
Secretary of State may implement the recommendations made by the
board.
   (3) Increase the distribution of public service announcements
identifying the availability of ballot pamphlet audio recordings at
least 45 days before any federal, state, and local election. 
   (4) Make recommendations to the Secretary of State for improving
the accessibility of election materials made available over the
Internet, including the state ballot pamphlet pursuant to Section
9082.7, the sample ballot and notice of polling place pursuant to
Section 13303, the voter pamphlet pursuant to Section 13307, and any
associated materials. In making recommendations pursuant to this
paragraph, the board shall consider the following:  
   (A) Nonvisual accessibility for the blind and visually impaired,
in a manner that provides the same opportunity for access as provided
to other voters who are not disabled.  
   (B) Recommendations from representatives of blind consumer
organizations, experts in accessible software and hardware design,
and any other individual or organization the Secretary of State or
board determines to be appropriate.  
   (4) 
    (5)  Promote the Secretary of State's toll-free voter
registration telephone line for citizens needing voter registration
information, including information for those who are visually
handicapped, and the toll-free telephone service regarding the
California State Library and regional library service for the
visually impaired.
   (c)  No   A    member shall
 not  receive compensation, but each member shall be
reimbursed for his or her reasonable and necessary expenses in
connection with service on the board.
   SEC. 2.    Section 9082.7 of the   Elections
Code   is amended to read: 
   9082.7.  (a) The Secretary of State shall make available the
complete state ballot pamphlet over the Internet. The online version
of the state ballot pamphlet shall contain all of the following:
   (1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that are
available online.
   (2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision (b).
   (b) The Secretary of State shall create an Internet Web site, or
use other available technology, to consolidate information about each
state ballot measure in a manner that is easy for voters to access
and understand. The information shall include all of the following:
   (1) A summary of the ballot measure's content.
   (2) The total amount of reported contributions made in support of
and opposition to the ballot measure, calculated and updated as
follows:
   (A) (i) The total amount of contributions in support of the ballot
measure shall be calculated by adding together the total amounts of
contributions made in support of the ballot measure and reported in
semiannual statements required by Section 84200 of the Government
Code, preelection statements required by Section 84200.5 of the
Government Code, campaign statements required by Section 84202.3 of
the Government Code, and late contribution reports required by
Section 84203 of the Government Code that are reported within 16 days
of the election at which the measure will appear on the ballot.
   (ii) The total amount of contributions in opposition to the ballot
measure shall be calculated by adding together the total amounts of
contributions made in opposition to the ballot measure and reported
in semiannual statements required by Section 84200 of the Government
Code, preelection statements required by Section 84200.5 of the
Government Code, campaign statements required by Section 84202.3 of
the Government Code, and late contribution reports required by
Section 84203 of the Government Code that are reported within 16 days
of the election at which the measure will appear on the ballot.
   (iii) For purposes of determining the total amount of reported
contributions pursuant to this subparagraph, the Secretary of State
shall, to the extent practicable with respect to committees primarily
formed to support or oppose a ballot measure, do both of the
following:
   (I) Ensure that transfers of funds between primarily formed
committees are not counted twice.
   (II) Treat a contribution made to a primarily formed committee
that supports or opposes more than one state ballot measure as if the
total amount of that contribution was made for each state ballot
measure that the committee supports or opposes.
   (B) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be updated not
later than five business days after receipt of a semiannual
statement, campaign statement, or preelection statement and not later
than two business days after receipt of a late contribution report
within 16 days of the election at which the measure will appear on
the ballot.
   (C) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be accompanied by
an explanation that the contribution totals may be overstated due to
the inclusion of contributions made to committees supporting or
opposing more than one state ballot measure, as required by subclause
(II) of clause (iii) of subparagraph (A).
   (3) A current list of the top 10 contributors supporting and
opposing the ballot measure, if compiled by the Fair Political
Practices Commission pursuant to subdivision (e) of Section 84223 of
the Government Code.
   (4) (A) A list of each committee primarily formed to support or
oppose the ballot measure, as described in Section 82047.5 of the
Government Code, and a means to access information about the sources
of funding reported for each committee.
   (B) Information about the sources of contributions shall be
updated as new information becomes available to the public pursuant
to the Political Reform Act of 1974 (Title 9 (commencing with Section
81000) of the Government Code).
   (C) If a committee identified in subparagraph (A) receives one
million dollars ($1,000,000) or more in contributions for an
election, the Secretary of State shall provide a means to access
online information about the committee's top 10 contributors reported
to the Fair Political Practices Commission pursuant to subdivision
(a) of Section 84223 of the Government Code.
   (D) Notwithstanding paragraph (1) of subdivision (c) of Section
84223 of the Government Code, the Fair Political Practices Commission
shall automatically provide any list of top 10 contributors created
pursuant to Section 84223 of the Government Code, and any subsequent
updates to that list, to the Secretary of State for purposes of
compliance with this section.
   (5) Any other information deemed relevant by the Secretary of
State. 
   (c) Information made available over the Internet pursuant to this
section shall conform to the most current, ratified standards under
Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec.
794d), as amended, and the Web Content Accessibility Guidelines 2.0
adopted by the World Wide Web Consortium for accessibility. The
Secretary of State may also implement recommendations of the Visually
Impaired Voter Assistance Advisory Board made pursuant to paragraph
(4) of subdivision (b) of Section 2053. 
   SEC. 3.    Section 13300.7 of the  
Elections Code   is amended to read: 
   13300.7.  Notwithstanding any other  provision of
 law, county and city elections officials may establish
procedures designed to permit a voter to opt out of receiving his or
her sample ballot, voter pamphlet, notice of polling place, and
associated materials by mail, and instead obtain them electronically
via  e-mail   email  or by accessing them
on the county's or city's Internet Web site, provided that all of the
following conditions are met:
   (a) The procedures establish a method of providing notice of and
an opportunity by which a voter can notify elections officials of his
or her desire to obtain ballot materials electronically in lieu of
receiving them by mail.
   (b) The voter e-mail   email  address or
any other information provided by the voter under this section
remains confidential pursuant to Section 6254.4 of the Government
Code and Section 2194 of this code.
   (c) The procedures provide notice and opportunity for a voter who
has opted out of receiving a sample ballot and other materials by
mail to opt back into receiving them by mail.
   (d) The procedures establish a process by which a voter can apply
electronically to become a vote by mail voter.
   (e) A voter may only opt out of, or opt back into, receiving his
or her sample ballot and other ballot materials by mail if the
elections official receives the request and can process it prior to
the statutory deadline for the mailing of those materials for the
next election, pursuant to Section 13303. If a voter misses this
deadline, the request shall take effect the following election.
   (f) The procedures  must   shall 
include a verification process to confirm the voter's identity,
either in writing with a signature card that can be matched to the
one on file with  the  elections  officials,
  official, or if the request is submitted
electronically, it shall contain the voter's California driver's
license number, California identification number, or a partial social
security number. 
   (g) Information made available over the Internet pursuant to this
section shall conform to the most current, ratified standards under
Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec.
794d), as amended, and the Web Content Accessibility Guidelines 2.0
adopted by the World Wide Web Consortium for accessibility. Election
officials may also implement recommendations of the Visually Impaired
Voter Assistance Advisory Board made pursuant to paragraph (4) of
subdivision (b) of Section 2053, and of any Voting Accessibility
Advisory Committee created pursuant to the guidelines promulgated by
the Secretary of State related to the accessibility of polling places
by the physically handicapped.  
  SECTION 1.    Section 19271 of the Elections Code
is amended to read:
   19271.  As used in this article:
   (a) "Accessible" means that the information provided on the paper
record copy from the voter verified paper audit trail mechanism is
provided or conveyed to voters via both a visual and a nonvisual
method, such as through an audio component.
   (b) "Direct recording electronic voting system" means a voting
system that records a vote electronically and does not require or
permit the voter to record his or her vote directly onto a tangible
ballot.
   (c) "Voter verified paper audit trail" means a component of a
direct recording electronic voting system that prints a synchronous
paper record facsimile of each electronic ballot and allows each
voter to confirm his or her selections before the voter casts his or
her ballot.
   (d) "Federal qualification" means the system has been certified,
if applicable, by means of qualification testing by a nationally
recognized test laboratory and has met or exceeded the minimum
requirements set forth in the Performance and Text Standards for
Punch Card, Mark Sense, and Direct Recording Electronic Voting
Systems, or in any successor voluntary standard document, developed
and promulgated by the Federal Election Commission, the Election
Assistance Commission, or the National Institute of Standards and
Technology.
   (e) "Paper record copy" means an auditable document printed by a
voter verified paper audit trail component that corresponds to the
voter's electronic vote and lists the contests on the ballot and the
voter's selections for those contests. A paper record copy is not a
ballot.
   (f) "Parallel monitoring" means the testing of a randomly selected
sampling of voting equipment on election day designed to simulate
actual election conditions to confirm that the system is registering
votes accurately.